Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-12-05
THE HARLAN JURY DISAGREE.
Ten for Acquitta1 and Two for Man.
slaughter,

en- 1or ACquitt&l and Two for Maui
slaughter.
Saturday morning says the Jfaa, the
Harlan jury were brought into Court to
hear re-read certain instructions bearing
upon defendants right of selfdefense, and
his right to kill deceased, if he (defendant)
had good reasons to believe deceased was
trying to draw his weapon. Court re-read
instructions as to what weight might be
attached to defendants testimony, as pre-
pared by prosecution-and defense, and the
jury were again admonished that any
Islander deceased might have uttered could
not be accepted as a justification for the
homicide.
The jury returned to their chamber and
were confined, except when taken to
meals, until GO p. NJ. yesterday, when
the Judge again ordered them into Court
The defendant was present with counsel,
Joseph Craig, and District Attorney Sprague
was IN his seat. AS the jury filed into their
seats, there was an expression of good
natured resignation in their countenances,
and it was evident that they had agreed to
disagree. The Court proceeded to examine
them.
Judge Garoutte-Well, gentlemen, have
you arrived at verdict?
Mr.. Anderson No, sir; we are not able
to agree.
Judge-It is time you were agreeing :;
this is an important case, and if there is anv
possibility of your arriving at verdict YOU
should endeavor to do SO. Have YOU
changed since yesterday?
Faltner-One man changed he is lust
wavering, and willing to change if the 9TH
ers would
Tho Count {bo,, ,,,or.;-l -, -.
separately, ana obtained the following re-
plies:
McClelland-It is impossible in my
opinion, for US to agree. The disa greement
is as to the evidence.
Mr.. Naylor-I don't see any show for
any agreement.
Perry, Ryman, Clark and Quinn each
assured the Court that they saw no show
for verdict to come out of the Jury.
Judge Garoutte-It is very important
that you should get a verdict. | would
send you back until morning if thought
there was any hope of your agreeing.
Townsend don't see any show for it.
Faulkner-We stand Just where we did
an hour after we were locked up.
The Court humorously suggested that
perhaps they might after supper be in a
more harmonious frame of mind. but an
incredulous laugh and positive demurrer
passed around the jury box, which minded
the Court to remark that perhaps there
would be some efficacy in not giving them
any supper.
District Attorney Sprague said he did not
think verdict wrung from them by starry
alton and sleepless nights would be very
fair or conscientious verdict.
Sinkey-There is no show at all for our
agreeing. You can keep US week and we
pOnldp't oct q Vpr6ipt
JUDGE hardly think it is worth while
to keep them any longer. Evidently there
wouldn't be any use of it. Turning to the
jury l am sorry that you have failed to
bring in verdict A man is not to be
censured for holding to his conscientious
opinion. / wish to thank you for your
prompt attendance upon Court, and your
close attention to the case. The Sheriff in
forms me that you have behaved yourselves
nicely and have given him little trouble.
You may now consider yourselves dis
charged from further attendance upon this
Court.
The jury had been confined lust thirty
two hours. From what the Null can learn
the jury went into deliberation standing
nine for acquittal and three for convic-
ton. The three were McClelland. Rvman
and Faulkner, if the MdH is rightly in
formed.
1t is understood that Faulkner finally
went over, and was willing to vote for a
verdict of acquittal, but the other two
| would not compromise on anything short
of manslaughter. The sticking point with
them was rooted in their conviction that
Craft was not endeavoring to get his pistol
when defendant commenced shooting